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FOCUS 1. Read and discuss the contract.






EXPORT CONTRACTS 3

EXPORTING MACHINERY

 


FOCUS 1. Read and discuss the contract.

 
    Moscow “___” _________ 20__ ZAO Rosexport, Moscow, hereinafter referred to as «the Seller», on the one hand, and ___________________________ hereinafter referred to as «the Buyer», on the other hand, have concluded the Present Contract on the following:   1. SUBJECT OF THE CONTRACT The Seller has sold and the Buyer has bought on terms _________________ the goods in accordance with the specification attached to the present contract and constituting an integral part thereof.   2. PRICE AND TOTAL AMOUNT OF THE CONTRACT The prices for the goods are fixed in ________ and are understood to be ____________packing and marking included. The total amount of the present contract is ________________.   3. TIME OF DELIVERY The goods shall be delivered at the time stipulated in the Specification attached to the present contract/within … months of signing the contract.   The date of delivery is considered to be the date of the Bill of Lading/Way Bill/Railway Bill/Airway Bill. Partial delivery and transhipment shall be allowed.   The Seller has the right to deliver the goods earlier than it is stipulated in the Contract.   4. QUALITY The quality of the goods sold under the present contract shall be in conformityeither with the state standards existing in Russia or with the technical conditions ruling at the manufacturing plant and shall be confirmed by the Quality Certificate issued by the manufacturing plant or by the Seller.  
 

 

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    5. PACKING AND MARKING The goods shall be secured and properly packed to withstand both overseas and overland transport as well as transhipment provided that the goods are duly handled. Each case shall be provided with marking showing the place of destination, name of the Consignee, name of the Seller, case number, grossand net weights and other marking which may be agreed upon between the Buyer and the Seller beforehand.   6. PAYMENT The Buyer is to open in the Seller’s favour an irrevocable confirmed and divisible Letter of Creditfor the total value of the goods ready for shipment with________ Bank, Russia, Moscow, within __ days of the date of receiving the cable notification of the Seller confirmingthe readiness of the goods for shipment. Payment out of the Letter of Credit shall be effected against presentation by the Seller to the Bank of the following documents:   · 4 copies of Invoice; · W.B., B/L, R.W.B., post receipt or A.W.B.; · copies of Shipping Specification; · Quality Certificate issued by the manufacturing plant or by the Seller.   All expenses for establishment and possible prolongation of theLetter of Creditif any due to the action of the Buyer, and also allBank fees connected with the establishment and payment out of the Letter of Credit shall be borne by the Buyer.   If the opening of the Letter of Credit is detained for more than ___ days the Seller will be entitled to cancel the Contract and lossesas connected with the non-performance of the present contract are to be borne by the Buyer.  
 
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    7.DELIVERYAND ACCEPTANCE OF THE GOODS The goods shall be considered delivered by the Seller and acceptedby the Buyer: · in respect to quality according to the manufacturer’s CertificateofQuality issuedby the manufacturing plant; · in respect toquantity – according to the number of cases and weight as shown in W.B, B/L, R.W.B.postreceiptorA.W.B.   8. INSURANCE The Seller shall insure the goods delivered under the present contract against usual marine risks with Ingosstrakh of Russia in accordance with the Rules of transport insurance of Ingosstrakh, Russia, for the invoice value of the goods.   The goods may beinsured against other risksonly on instruction of the Buyer and at their own expense.   9. GUARANTEE OF QUALITY The Seller shallguarantee the quality of the sold goods within___ months of the date of delivery.   Should the goods within the guarantee period prove defective or not corresponding to the conditions of the Contract the Seller shall either eliminatethe defects or replace the defective parts free of charge provided the defective part or parts have been returned to the Seller’s plant for examination, carriage paid. The guarantee will be invalidatedby the Buyer making, causing or allowing any alterations or repair to the goods without the Seller’sconsent and also if the damage is due to negligence or improperhandling or storage as well as overloading, using not for the purposeintended, insufficient and incorrect assembling, non-compliance with the technical instructions for putting the machine into operation.    
 
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    Rapidly wearingoutparts as well as parts which have suffered fromnormal wear are excluded from the guarantee.   10. CLAIMS Claims may be made for the quality of the goods if it does not conformto the quality stipulated in the present contract.   The Buyer has the right to claim on the Seller in respect of qualitywithin ___ months of the date of delivery.   The claims shouldcontain the quantity and the name of the claimed goods as well as the nature of claim.   The claims should be forwarded by a registered letter enclosing all the necessary documents justifying the claim. On expiration of the above mentioned period no claims will be accepted.   No claims put forward in respect of any consignment of the goods can be used by the Buyer as a reason for hisrefusal to accept all other goods to be delivered under the present contract and to pay for them.   11. CONTINGENCIES Should any circumstances which prevent complete or partial fulfilment by either of the Parties to the contract of their respective obligations under the present contract, namely: fire, acts of the elements, arise, the time stipulated for the fulfilment of the obligations shall beextended for a period equal to that during which such circumstances will remain in force.      
 
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      Should the above circumstances continue to be in force for more than … months either Party shall have the right to refuse any further fulfilment of the obligations under the Contract and in such case neither of the Parties shall have the right to make a demand upon the other Party for the compensation for any possible damages. The Party, which cannot meet their obligations under the present contract shall immediately advise the other Party of commencing andthecessation of the circumstances preventing the fulfilment of their obligations.   The certificates issued by the respective Chamber of Commerce of the Seller’s or of the Buyer’s country shall be sufficient proof of such circumstances and their durability.   12. ARBITRATION All disputes and differences which may arise out of or in connection with the present contract are to be referred to the Arbitration Court at the Chamber of Commerce and Industry of Russia in Moscow in compliance with the rules and procedure of the said Court, the decisions of which are final and binding upon both parties. The applications to the state courts are excluded.   13. OTHER CONDITIONS 13.1 The Buyer shall obtainan import licence. If the Buyer fails to obtain an import licence within ___ months of the date of signing the contract the Seller has the right to cancel the present contract without any obligations on his part. The Buyer should immediately inform the Seller of obtaining the import licence.   13.2 Neither party shall be entitled to transfer their rights and obligations under the present contract to any third party without a written consent of the other party to the contract.    
 
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  13.3 Any alterations and addenda to the present contract shall be valid only if they are made in a written form and duly signed by both parties.   13.4 All expenses and duties namely Customs duties, taxes and fees connected with the conclusion and fulfilment of the present contract on the territory of Russia are paid by the Seller and those outside the above mentioned territory to be paid by the Buyer.   13.5 After signing the present contract all preceding negotiations and correspondence pertaining to the same becomenull and void.   14. LEGAL ADDRESSES OF THE PARTIES   The Seller: The Buyer: Moscow, Russia     For and on behalf ofthe SellerFor and on behalf of the Buyer    
 
         

 







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